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The FOX Report With Shepard Smith

News/Business. Shepard Smith. Analysis and interpretation of the day's lead stories. New. (CC)

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01:00:00

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San Francisco, CA, USA

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Virtual Ch. 760 (FOX NEWS HD)

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mpeg2video

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ac3

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720

TOPIC FREQUENCY

U.s. 8, Pentagon 7, Afghanistan 7, Shepard 7, Us 6, Iran 6, Washington 5, Dennis Rodman 5, North Korea 4, Egypt 4, Angie 3, Anheuser Busch 3, Kerry 3, Chuck Hagel 3, Boehner 3, Kellogg 3, Paris 3, America 3, Maryland 3, Texas 3,
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  FOX News    The FOX Report With Shepard Smith    News/Business. Shepard Smith. Analysis and  
   interpretation of the day's lead stories. New. (CC)  

    February 26, 2013
    4:00 - 5:00pm PST  

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finally tonight, there has
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been a lot of talk lately about armed drones taking out terrorists overseas. very controversial. a document containing al qaeda tips for dodging drone attacks is apparently recently found in a building in mali. >> new how to guide for drowns found in expected al qaeda hideout. some of the tips listed in this newly found document are use reflective glass, hide under trees stay out of any company that ends in stan. lose that burden of proofer sticker that says my child is a taliban honor student. before that drone blows you up blow yourself up. take down sign reading 137 days without a drone strike. >> bret: good tips. some are better than others, charles. thanks forever inviting us into your home tonight. that is it for this "special report" fair balanced and unafraid. >> this is the fox report. tonight, the real story
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about the security situation in afghanistan. it turns out the numbers the pentagon told us about to tout how well they were doing are wrong. plus nks a hot air balloon explodes? mid-air. tourists killed by more than a dozen. >> i hear a loud explosion and see a lot of smoke. >> shepard: witnesses say the blast shook the ground and some passengers jumped seven stories trying to escape the burning balloon. tonight, searching for answers as the blame game begins. plus,. [bell] >> shepard: 20 years ago today. [sirens] >> shepard: terrorists tried to bring down the world trade center. >> it was just so infamiliar tommable. >> a new warning about americans joining forces with al qaeda. and why didn't we think of this sooner? dennis rodman brings basketball diplomacy to north korea. >> hoping be okay and
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hoping the kids will have a good time. >> did he pack his wedding dress? >> first from fox this tuesday night. getting a look at the moment the hot air balloon exploded in the sky and plummeted a thousand feet to the ground, 19 tourists killed. they were soaring over the ancient egyptian city at sunrise when the balloon caught fire blew up and came crashing down. of course, we have not independently verified this video's authenticity. well, a photographer who was in another balloon at the time says it's the real thing. he took this picture of the balloon before it crashed. it's the one on the right. today on "studio b" he told me what happened next. >> i hear a loud explosion. i turn around. and see a lot of smoke. i said to the person standing next to me i hope that wasn't a balloon. frankly, we wouldn't even have managed that it could be. too loud, too close to the ground and as our balloon sat down our pilot said
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well, this hasn't happened in a long time. and then we knew something really bad occurred. >> shepard: something very bad indeed. experts say this looks to them like the deadliest balloon crash ever. the victims were from europe and asia. there were no americans on board. leland vittert on fox top story in our middle east newsroom. what are investigators saying started this thing? >> shep, right now they are thinking it's somehow the line that goes from the gas tank up to the burner that warms the air in a hot air balloon broke and the gas started spewing out. it hit the flame that was already there on the burner. it lit everything on fire. that's when we saw the balloon shoot up to a thousand feet up in the air. and during that time, there were a number of these tourists were inside jumping off the balloon, some of whom were on fire. as the balloon then came crashing back down those thousand feet on to the ground. they said the whole thing took something in the order of 10 -- about two minutes
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there. of the people on the balloon, 21 people on board. 19 dead. some from britain, france, china, other places. the pilot is one of the people who survived. he survived by jumping off at some point there and ending up in that sugar cane field. you can believe as the investigation begins by the egyptians right now that is the man they want to talk to. as of now all of these balloon flights which this h. been a major tourist attraction there in egypt are grounded. shep? >> shepard: with the investigation the finger pointing already. >> absolutely. and in egypt this is a significant story for no other reason than tourism is the life blood of that economy. it took a big hit back during the revolution in 2011. you can imagine now as these pictures are being beamed around the world it certainly calls into question the safety standards there in egypt for anybody who is headed. the muslim brotherhood regime right now is saying, hey, look. all of these safety concerns in that lax oversight started back during the mubarak times.
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other people are saying the chaos of the revolution has allowed all sort of back safety practices to grow and continue inside egypt. either way 19 people dead and clearly a singular horrific way to die as we saw in that video. shep? >> shepard: leland vittert live for us tonight. remember the reports from the pentagon? violence is down in afghanistan. it's one reason afghan forces will be ready to take over security after 2014. we're making progress. look at the numbers. now we know the numbers were wrong. taliban attacks are not on the way down in afghanistan. as violent in 2012 as it was in 2011. no change at all. jennifer griffin live at the pentagon tonight. jennifer, what happened? >> well, with little fanfare, shep, u.s. and nate officials in afghanistan removed from their web site the month-to-month figure saying attacks by the taliban were down by 7% last year. there seemed to be a mistake. a mistake that led to administration officials making statements like this. >> violence levels have
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been trending downward in the last two years after five years of steady increases beginning in 2006. >> the problem is the attacks weren't trending downward. they were exactly the same as in 2011. an embarrassing admission by the pentagon that the the narrative about how the president's strategy in afghanistan was bearing fruit may have been misleading, shep. >> shepard: they must be making some case at the pentagon in their own defense. >> well, in essence, they blame the afghans. the afghan commanders supposedly forgot to submit their field reports about the attacks so the pentagon data was misleading. >> this is a regrettable error in our database systems that was discovered during a routine quality check. we are making the appropriate ajustments. in spite of this data adjustment, our assessment of the fundamental progress in afghanistan remains positive. >>sef and nato are revising
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their assessment. officials say this will not effect the time line of the pullout from afghanistan, shepard. >> shepard: fox extreme weather center deadly one, two punch for the midwest. second deadliest storm. this monster stretches more than 1,000 miles across. rain to the east, heavy snow now hitting chicago. the same storm buried parts of kansas and missouri. more than two feet of snow in some pars of texas. shatter wanted the record to data 1893. oklahoma, the heavy snow was more than this roof could handle. also brought down the roof of a home and killed a person inside. the storm brought hurricane force winds. tore down trees and power lines. officials in texas blame the wind for spreading a fire which killed a mother and twin toddlers. mike tobin with the news in kansas city. looks like you are through the worst it there. >> worst of it is on its way to chicago. left behind slick and wet roads.
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much better than earlier today when about 8 to 10 inches of wet, heavy snow came down. made things very difficult for the snowplows. we saw a lot of snowplows get struck today. the department of ed transportation put two in the ditch and flipped some over. working to keep roads clear because another round of bad weather is expected for tomorrow. shep? >> shepard: are they making progress on power outages there, mike? >> yeah. you know, they are. as we look across the street, can you see these trees. this is that wet, heavy snow that sticks to the trees, weighs the branches down and gets them into the power lines a lot of people without power but they are down to the number of 27,000 people without power. that's down from upwards of 40 earlier in the day, shep. >> shepard: mike tobin live in kansas city. a frantic distress call to the coast guard. sailboat sinking off the coast of california. the father said he was with two young children. and they were abandoning. now, the question: was the whole thing a hoax?
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the dramatic story. the evidence that somebody may be playing a very dangerous and expensive trick coming up. plus, another unbelievable twist in the blade runner murder case. now the judge's own cousin is accused of murdering her own children. from the journalists of fox news, this is "the fox report." it's not what you think.
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so call me today. you'll be glad you did. cannonbox! [splash!] >> shepard: the trial of the woman accused of savagely killing her ex-boyfriend. killing him and soliciting his throat ear to ear turned into a courtroom shouting match. the prosecutor forcefully questioning this defendant on whether she is even capable of telling the truth. as you probably know, jody told police not one but three stories about her ex ended up dead. first she said she in no idea. then she explained in some detail that masked
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intruders came in and killed him. and then she admitted she did the killing but said only in self-defense and claims she has no memory of stabbing him. there is also the question of the gun. it's still missing. jody areas claims she found it in alexander, the victim's closet and then threw it away in the desert. there is no victim of the victim ever owning a gun. the grandparents reported the exact same kind of gun stolen from their home a week earlier. she claims she didn't take it. despite all these seeming inconsistencies the defendant has refused to back down from the prosecutor. >> you can't each remember what you just said. >> i'm more postured on your tone and anger. it's hard to can sen trait. >> it's the prosecutor's fault because you perceive him to be angry. >> it's not your fault. >> is somebody asking you whose fault it is? >> you did. >> the prosecutors accused
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her remembering only things that fit into her alibi and lying to save her own skin. adam housley is in our west coast news hub this afternoon. the prosecutor really drilled down on some of the perceived inconsistencies here. >> yeah. he really did try to focus especially in the second half of the day, shepard. a lot of responses from areas seemed to avoid the question. she was inside. she played with semantics, the area he made headway with her was travis alexander in television interviews and conversations with friends. even in her own diary she talked of him in glowing terms. never once complained about anything. in this trial she tries to paint him as this man with a dark side. take a listen. have you been telling us in addition to being mean he was somebody who physically abused you, right? >> yes, he did. >> he would raise his voice to you, right? >> yes, he did. if there yet, once you're free of him and after the fog has lifted, you are thanking him and telling him what an inspiration he is, right?
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>> yes. >> once again the defense team hasn't had one person be able to come forward and corroborate the evidence that she had some sort of mistreatment by travis alexander, shepard. >> >> shepard: they they even got tonight day he died there in the courtroom? >> no, they haven't. 11 days on the stand so far. four days on cross-examination. they haven't gotten to that at all. they are still talking about past boyfriends and the fact shah she followed some of them around and checked some of their emails. there is still significant parts of her story they haven't cross-examined yet. a will the of court observers believe he might try to push this toward the end of the week so jurors go home with only his cross-examination on their mind. >> shepard: adam housley live in los angeles. thanks. just when we thought we heard it all in the blade runner drama, the judge overseeing the murder case against oscar pistorius now admits he is related to a suspected killer killer in another case. the judge's relative killed
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two children. the lead detective in the case faces seven attempted murder charges. and just yesterday we found out pistorius own brother is facing a homicide charge of his own accused of killing a woman with his karl. the athlete today held a personal memorial for magazine model girlfriend. the woman who he admits he shot and killed. according to his, quote: reputation management firm, unquote, he wanted the private memorial with his family members. now that he is out on bail. prosecutors say he shot his girlfriend not once but four times did ton valentine's day day. he says he thought she was intruder. we are dealing with what may be a hoax at see now. coast guard officials calling off the search for a boat that reportedly sank off the coast of central california couple and two kids on board it happened on sunday or supposedly did. the coast guard reports it received a distress call, a series of them really claiming the family's
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29-foot sailboat was taking on water. yesterday the coast guard released one of those calls. >> shepard: abandoning ship. after searching for two days they did not find a single thing. no debris. no single signs of distress. nothing out there. no one has come forward to report any family members missing. now they say they're investigating whether the whole thing might be fake. damning testimony to start the high stakes trial against bp. the very first witness has now secretary of defense that the oil giant put profits ahead of safety. now the first bp executive has taken the stand. his testimony? that's next. plus, panic at the biggest car race of them all. you'll hear some of the calls for help when car parts went flying into the stands at daytona.
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>> shepard: the oil giant bp did indeed have the resources to prevented the deep horizon water disaster instead turned safety system into quote a traveling road show. that from the government's first witness in the very high stakes civil trial today. this witness is an engineering professor who says he had warned those officials years and years before the explosion do not cut cost for accident prevention. he says they didn't listen and that safety failures ultimately caused the blowout in 2010. that rig exploded and sank into the gulf of mexico. 11 men died and millions upon millions of gallons of oil poured into the gulf for three long months. lawyers for bp claim other companies that worked on the deep water rig made critical mistakes bp has
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pleaded guilty to criminal charges including manslaughter. bp has paid 25 billion in claims and clean up cost. this criminal trial -- i should say this civil trial that's ongoing now will determine whether the company is off the hook or on the hook for billions more. casey stegall with the news outside the court house in new orleans. we are now hearing from northerly key witness. >>ier, shep shepard, we are. lamar mckay the former president and chairman of bp america. he was the lead american representative for bp on the ground in the wake of this disaster. he echoed on the stand today much of what his company lawyers have argued all along that blame is to be spread around among transocean and haliburton. of course, a very stark con tration to the saflt concerns that you just talked about raised by that forensic engineer for much of today, shep.
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man dubbed the master of disaster. talking about that engineer from u.c. berkeley robert b. a retired petroleum civil engineer professor. he has investigated many a tragedy in his career. plaintiffs believe he painted a very strong picture of gross negligence today which, remember, would get the feds, states, and every day people the most money possible to recover from this catastrophe. this is a living disaster. it's ongoing. it will be potentially for decades. major crash for fishery in the exxon valdez didn't happen until four years in. we know we need to be here for the long haul seeing what the overall impacts are. >> bp's lawyer accusing the engineer today of being spewn fed select -- spoon fed select evidence from the prosecution. we are here tomorrow, shep. >> shepard: we need big time quick.
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flew that for frantic calls for help debris into the stand and hurt dozens of fans at daytona. happened saturday during the nationwide series race. the number 32 car went airborne after 12 car pileup. car parts including tire and suspension flew right into the crowd. police have released some of the 911 audio from that crash. >> two >> shepard: all tolled at least 32 people got hurt, seven of them still recovering in hospitals. a new round of nuclear talks with iran kicked off today. u.s. officials say the military option is still on the table. but there is word now that negotiators found one thing on which americans and iranians can agree.
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wrestling. we'll tell you what's going on here. and, beer drinkers are suing anheuser busch. the claim? anheuser busch has watered down budweiser and others. this disaster, if true coming up as we approach the bottom of the hour and the top of the news.
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>> shepard: budweiser watering down the beer? that's from folks suing the largest brewing company. five states filed class action lawsuit against anheuser boich. the company lies about the alcohol content posted on beer labels. the suit is based on information from former employees who claim the company waters down the brews just before they go into the bottle. the claims against anheuser busch are completely false and these lawsuits are groundless. our beers are in full compliance with all alcohol labeling laws. we'll stay on that one. a chinese executive went on an epic rampage after his family missed not one but two flights on two straight days. the video is all over the internet been seeing it since yesterday it is viral now look at this. see the guy talking to the gate agent. when he won't let her on the plane he starts trashing her computers. notice the security guards in the background just
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watching the whole thing unfold eventually he grabs a sign and starts bashing the door. parts of the sideline flying all over the place. but the glass will not break. a huge crowd starts to gather and, still, the security guards just stand back and watch the show. even the wife gets in on the action. grabs a stapler from the podium and smashes it to the floor while the husband keeps berating anybody who will listen. according to the rafingt "wall street journal." the man is a top executive at a state run mining company. he has since apologized. and says he will pay for it all. i'm shepard smith. they're is the fox report. it's the bottom of the hour, time for the top of the news. and you think that was ridiculous? get off your butt. no, you get off your butt. that's the high minded back and forth among our leaders in washington's latest
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self-inflicted budget crisis. the one the white house and congress created in the first place. we have moved the bill in the house twice. we should not have to move a third bill before the senate gets off their ass and begins to do something. >> i think he should understand who is sitting on their posterior. i ask the republican speaker where is your bill. >> shepard: speaker boehner says there was a bill passed last year. the trouble is the analysts say those bills expired when the new congress took over in washington. it is a ridiculous government created mess. one striking example. the pentagon wants to cut programs that sequestration will not allow and is forced to make cuts that have leaders worried about security and job losses. the wrong moves at the wrong time and those people in d.c. unable or unwilling to make it right.
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the president is on the road making his case to others, right? that's right he went out to rural virginia where nuclear submarines were built that region in particular will take a major hit if both parties in washington don't come together. take a listen. >> the sequester could cost tens of thousands of jobs right here in virginia. but it doesn't just stop there if the sequester goes into effect, more than 2,000 college students would lose their financial aid. >> now, the president said he didn't want to assign blame but he did go on to name speaker john boehner and say that he has taken tax revenues off the table. that's why there is not a deal. you heard what boehner had to say. he responded pretty roughly to the president. >> shepard: the president wants to close some loopholes and the republicans and boehner are not budging. >> that's right. where there might be a soft spot the white house believes is that some individual republicans rank and file are starting to
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pressure the leadership to maybe put taxes back on the table. leaders like senator mitch mcconnell are saying no, no, no. listen. >> he refused to offer offer any kind of reasonable alternative and threatened to veto aimed at averting the sequester. now here we are with the president presenting the country with two options, armageddon or a tax hike. >> bottom line is there has really been very little contact between the president and leaders like senator mcconnell that something the republicans have criticized the president for. we had a meeting late this afternoon with senators lindsey graham and john mccain. it was supposed to be about immigration. we're told they also talked about sequester. both senators said it was a good meeting, a strong meeting but still no deal, shep. >> shepard: ed henry in the district of paralysis for us tonight, thank you. with those budget cuts set to hit the pentagon there is new top official there after weeks of really heat debate. the senate today at last confirmed the former senator chuck hagel as the
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sheriff'sext secretary of department. number of fellow republicans holding up the vote complaining he was too radical questioning positions on israel and vaughn. he is set to succeed leon panetta. first vietnam veteran and enlisted soldier ever to hold the position. mike emanuel with the news from capitol hill tonight. mike, lawmakers mostly voted along party lines, mostly. >> that's right, shep. chuck hagel will get sworn in as secretary of defense tomorrow. he says he can think of no greater privilege in the final pitch, if you will, a democratic senator reminded his republican colleagues that one day it will be a republican president trying to get folks confirmed. every dog it has its day. democratic president and democratic senate for confirmations. some day that won't be the case. >> >> of the 58 votes for chuck hagel's confirmation there were four republicans, cochran, shelby and rand paul. here is a top republican no vote. >> for that matter, senator
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hay gel was candid to admit there is many things about the department that he doesn't really know. he assured us he will learn on the job. that doesn't inspire confidence in me president obama gets his man to lead the. >> he was from the beginning. treasury pick jack lew. >> that's right. jack lew was voted out of the senate finance committee. the vote was 19 to 5 there wasn't much of a sales pitch for him. it wasn't needed. there was one vocal critic. >> what we have seen so far is that mr. lu lu was good at getting paid. citigroup received a taxpayer funded bailout and gave mr. lew a piece of it on his way out the door. >> senate majority leader harry reid is hopeful there will be an agreement on the entire senate on the lew
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nomination tomorrow. >> bill: negotiators for the united states and other major world powers today offered iran a deal on its nuclear program. officials from six nations said they would ease some economic restrictions on iran if iran agrees to stop enriching uranium at an underground nuclear plant. of course, iran has repeatedly refused to do just that. and few people seem to believe this new round of talks is going to lead to any major break through. nevertheless, the new secretary of defense john kerry said that he hopes iran will agree to a diplomatic solution. >> there is a diplomatic path. there is is a clear way through this. and i want these talks to have their chance to work through before i comment further. >> hope as a strategy. israel has threatened it will use all means necessary to stop iran from building a bomb. iran claims its pursuing peaceful nuclear power only, not nuclear weapons. james rosen with the news live in paris. and, james, secretary kerry
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today also tackled another really tough situation in the middle east right now. syria. >> that's right. shep. before leaving germany, secretary kerry held a meeting that really could have a design impact on president obama's second term foreign policy agenda. at his posh hotel in berlin, kerry sat down at last with russian foreign minister sergei. their 1 hour 45 minute session was mostly spent on syria where the regime has killed some 70,000 people but still receives steady support from the kremlin. >> the discussion was to my mind constructive and in the spirit of partnership without, of course, ignoring the questions which are irritating these relations. without closing our eyes to the problems, we are trying to solve them and move on. >> and late tonight, senior u.s. officials confirm that secretary kerry will soon offer direct military aid, hardware of different kinds but not weapons per se to the syrian rebels, shep.
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>> shepard: he gave a blunt really defense of free speech in the united states. >> yeah. the secretary earlier had met with german students for a town hall style q and a session inside a berlin coffee bar base camp. young muslim girl well-spoken and wearing head cover asked kerry about the state of religious tolerance. staunch commitment to religious freedom then his answer veered into well unexpected territory. >> in america, you have a right to be stupid. [ laughter ] if you want to be. and you have a right to be disconnected to somebody else if you want to be. and we tolerate it. we somehow make it through that. >> now, conservatorshipy has a full day of meetings planned here in paris but all eyes are really on his next stop in rome. there he will meet with leaders from the syrian opposition. shep? >> shepard: james rosen with us from paris tonight. the united states and iran do agree on something. diplomats and wrestling
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officials from both nations are fighting to keep the sport of the olympics. olympic officials dropped wrestling from the 2020 games. u.s. wrestlers visited tehran for the wrestling world cup. they took this picture with the iranian president. more sports diplomacy ahead as one of the most brutal regimes on the planet welcomes one of the most colorful characters in the nba. it's dennis rodman in north korea. that's ahead. two decades since terrorists first atracked the world trade center in new york city. no one has forgotten the victims. 20 years later we'll remember. people have doubts about taking aspirin for pain. but they haven't experienced extra strength bayer advanced aspirin. in fact, in a recent survey, 95% of people who tried it agreed that it relieved their headache fast. visit fastreliefchallenge.com today for a special trial offer. we filled it with smelly odors. then installed a car vent clip and let in real people. it smells good. like laundry fresh out of the dryer.
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are college-educated and middle class family. report finds al scwid continuing to recruit u.s. citizens to continue to attack right here. today the cia director general mike hayden said terror attacks on our own soil are more likely to come from u.s. citizens or long-term u.s. residents. it turns out the only person to escape capture his part in the 1993 world trade bombing something an american citizen. he drove a truck full of explosives into a garage below one of the twin towers. six people died in that attack, which also hurt more than 1,000 others. today, a memorial for the victims. the chief fox report correspondent jonathan hunt in lower manhattan now doubt a very emotional day. >> it was shep. it was tough and moving to watch the relatives of the victims as they first listened to a bell tolling to mark the precise moment that that bomb exploded 20 years ago. listen here.
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[bell tolls] then after moment of silence two of those relatives stepped forward to read the names of all of those who died that day. listen again. john. robert kirkpatrick and my father then they all gathered at the memorial where the names are etched to provide each other with memories of their lost loved ones and support for each other. shep? >> shepard: jonathan, i understand you talked to a man whose father died that day? >> yes. you just saw him reading some the names. his name is michael. he lost his father william
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20 years ago today. and i asked him if he has found that the intervening 20 years to find forgiveness. listen here. >> it's hard to forgive. it's impossible to forget. i will always remember my dad that day. i'm so glad that we do this every year. forgiveness is a little more difficult. what would you say to your dad today? i would just tell him that i love him and i miss him and a day doesn't go by that i don't think about him. >> and no doubt the same goes for everybody who lost one of their loved ones that fateful day 20 years ago, shep? >> shepard: jonathan hunt in lower manhattan tonight. well, the at that timed up starierced basketball who once wore a wedding dress to promote his book is visiting one of the most repressive countries. dennis rodman in north korea today along with three of the harr lemed
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globe trotters. hosting a camp for kids hosting basketball diplomacy. they want to get the north korean leader kim jong un into a game. trace gallagher with the news. live for us in los angeles. what is this going on here? >> you know, that's the question, shep. why is it that kim the younger keeps importing american culture when you look at the country and most koreans, north koreans in general are not allowed to access american culture and yet last year you had kim the younger hosting a big disney celebration in downtown eric schmidt the google chairman was there last month and now you have dennis rodman. these are all attempts by kim jong un to show the global community that he is open to reform. rodman sis this trip is not political but others disagree. listen. we got invited and come over and have some fun and hoping that, you know, it will be some fun.
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>> i don't think it really shows that there is going to be any substantial change in the nature of the regime. it just shows that kim jong un happens to like dennis rodman and the nba. >> we should know when eric smith went there last month the state department called that quote, unhelpful. they have no opinion on b. rodman's trip at all. he says he hopes to run into the gangnam style dude while he is over there and is he from south korea, of course. kick kick kicking kicking it gangnam style. confusing the north and south part. we did get troubling news out of north korea today human rights group a major outside of pyongyang has doubled in size in recent years. the gool logs are prison camps housing mostly political prisoners. now there run confirmed reports that kim the younger is spending members of his father's administration to these camps. here again is gordon chang. >> it's not just a person being put into the camp in detention. it is usually his or her
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entire family. sometimes 2 or 3 generations. the conditions in the camps are, perhaps, the worst in the world. sheng adds that former administrations are imprisoned so that current administrations power is not threatened. shep? >> shepard: trace gallagher in l.a. this afternoon. is he still the pope. pope benedict xvi for a couple more days. now we know what to call the pope resigns after he officially resigns. plus, you are arrested but not yet convicted and the cops want to a sample of your d.n.a. it's legal in some states but maybe not for long. ahead, what a supreme court case could mean for innocent until proven guilty. [ male announcer ] why is kellogg's crunchy nut so delicious?
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>> shepard: vatican answered questions about pope benedict xvi. keep title holiness but known as emeritus pope. he will relinquish the ring of office which will be destroyed according to vatican tradition and he will give up trademark red shoes. instead he will be wearing hand crafted brown loafers that mexican artisans presented to him on his last visit there last year. on thursday, he becomes the first pope to resign as i mentioned in nearly 600 years. the supreme court is now weighing whether law enforcement can collect d.n.a. without a warrant from people who have been arrested but not convicted of a single thing. believe it or not. 28 states and the federal government already allow. this the high court heard arguments today in the case of a man's 2009 arrest for assault in maryland. police swabbed his cheek for genetic material. then ran it through a federal data base. turned out to match evidence from an unsolved rape of a woman six years earlier. a court eventually
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sentenced that man to life in prison for that rape, but the maryland court of appeals later threw out othe conviction on constitutional grounds. shannon bream live in washington. how significant is today's d.n.a. case? >> well, shepard, today just alito called it potentially the most important criminal procedure case before the supreme court in decades. this case was out of maryland where alonzo king was arrested for assault back in 2009. that day, a d.n.a. swab was taken from his cheek ultimately linked him to that unsolved rape and he was convicted that conviction was thrown out. the appeals court said that swab was illegal search and seizure in violation of the fourth amendment. today a number of the justices expressed concerns about the privacy implications of taking d.n.a. from someone who has been arrested but not convicted. it could be completely innocent. but others asked how is taking d.n.a. any different than a fingerprint and that kind of evidence has repeatedly been upheld by the courts. d.n.a. experts say within a year or two police will be able to get initial d.n.a. results in less than 90 minutes and way more
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accurate than fingerprints or any other current forensic evidence. a decision is due by june, shep. >> shepard: january none bream in washington. thanks. nearly go dozen families out in the cold after a fire tore through their apartment complex. our top story on a fox trip across america. north carolina. investigators say the flames broke out in the attic of a third floor unit. the partial roof collapsed, trapped one firefighter as more than 70 others battle the thing. co-workers rescued the guy. another firefighter hurt on the ground. both men reportedly okay. florida. a car crashed into a dely north and west of fort lauderdale the deli's owner pulled commerce out of the way. nobody hurt. back in 2010 a driver slammed through the same deli hurting six people. pennsylvania a boy battling
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the lung and dee did i guessive disease cystic fibrosis on a mission to raise a million dollars for others fighting the illness. since many kids mispronounce its name as 65 roses, he is making he plans to cell pens for $2 each. texas, it's called mutt ton bus citizen. a kid's sheep riding event at the livestock show and rodeo in houston. each rider whoever hangs on the longest takes home the title. this year's winner? 6-year-old girl. should a judge be able to moon light as a comic? next we will take you to
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